|Frequently Asked Questions
Q: What is the Office of Clerk of Superior Court?
A: The Clerk of Superior Court is "an officer of a court of justice who has charge of the clerical part of the court's business and who keeps the court's records." In Georgia, the Clerk of Superior Court is also responsible for the recording of all land records. Actually, the Clerk wears three hats - one as the "Clerk of Court," one as the "Registrar of Land Records," and the third as "Tax Collector for intangible and transfer taxes."
Therefore, the Clerk's office in DeKalb County has two divisions: The Real Estate Division, and the Judicial Division.
Q: What is the purpose of the Real Estate Division?
A: It is the responsibility of the Real Estate Division to RECEIVE and RECORD all documents (land records) related to real property within DeKalb County.
This division is also responsible for personal property recordings. Personal property is recorded as a U.C.C. (Uniform Commercial Code) Financing Statement. The purpose of this recording is to provide public notice that personal properties located in DeKalb County have outstanding liens against them.
The Real Estate Division receives and processes over 120,000 documents effecting title to real estate each year, which is equivalent to more than 380,000 pages, and requires approximately 480 deed books to be placed in the Record Room for public access each year. Over 16,000 mortgages are cancelled each year, and more than 45,000 cross-references are entered as a result of changes or amendments to deeds or mortgages. There are also over 16,000 U.C.C. Financing Statement transactions filed each year.
Q: What is the purpose of the Judicial Division?
A: It is the responsibility of the Judicial Division to RECEIVE and FILE all civil and criminal court records for the Superior Court of DeKalb County. This division provides support for all the Superior Court judges through management of case files and attendance of a Deputy Clerk in court during hearings.
This division is also responsible for assisting the public and attorneys in locating and copying court records, certifying these records upon request, transferring cases to other counties upon court order, receiving money paid into the Registry of the Court pending the disposition of an Action, accepting applications for and registering Trade Names, receiving and filing petitions for Adoption, preparing actions which have been appealed to the Georgia Court of Appeals or the Supreme Court of Georgia, and receiving, issuing, recording, and canceling Writs of General Execution (Fi Fa's).
Q: What are the Most Common Types of Land Records, and How do You Go about Locating Them?
A: The most common types of land records recorded in the Clerk's office are:
To locate any land record it is helpful to have the following information prior to coming to the courthouse:
- Warranty Deeds, Security Deeds, Quit Claim Deeds
- Cancellations of Security Deeds
- Federal Tax Liens, Federal Tax Lien Releases
- Administrator's Deeds, Executor's Deeds, Cemetery Deeds
- Deeds under Power of Attorney (foreclosures)
- Right-of-Way Deeds, Trust Deeds
- Assignments, Bonds, Bonds to Discharge Liens
- Easements, Liens, Modification Agreements
- Power of attorney, Revocations of Power of Attorney
Using this information, check the real estate indices which are located in the Clerk of Superior Court office. A copy of the record may be made for $.25 per page. A coin changer is available for making change if needed. Copies may also be certified by any Deputy Clerk in the Real Estate section.
- The buyer's name (grantee)
- The seller's name (grantor)
- The date of the transaction (especially the year)
Q: What Types of Actions are Filed, and How do You Go About Locating Them?
1. CIVIL ACTIONS
2. CIVIL PETITIONS
- General Civil
- Domestic Relations
To locate judicial records it is helpful to have the following information prior to coming to the courthouse:
- Name Change
- Family Violence
- URESA (child support)
- DHR (child support)
- Change of Custody
- Worker's Compensation
- Personal Injury
- Tax Appeal
- Criminal Actions
- Felony Indictments
Using the information, search the court index in room 203 to find a case number. Once a case reference number is located, request to review the case. You will be given the actual case file for review or the microfiche jacket of the case to review with the use of a microfiche reader which is available. You may request to have copies made of the file. The cost of copies is $.25 per page. Copies may also be certified or exemplified upon.
- The name of the plaintiff or defendant
- The date the action was filed
- For divorces - the date the action was filed or the date of the final decree.